Aditi Rohan Kadlay And ANR v. Rohan Shankar Kadlay Alias Kadlay Rohan Shankar Alias Rohan S Kadlay (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.02.28 10:30:25 +0530 MULEY SHUBHAM PRAVINRAO 1 28-MPT-68-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 68 OF 2025 Aditi Rohan Kadlay & Anr.

...Petitioners

Rohan Shankar Kadlay alias Kadlay Rohan Shankar alias Rohan S Kadlay ...Deceased ----------------- Mr. Prabhu Velar i/by Vilas Kadu for the Petitioner. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 27TH FEBRUARY, 2025 P.C.:- 1.

The Petitioners seek the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Rohan Shankar Kadlay alias Kadlay Rohan Shankar alias Rohan S. Kadlay ('the deceased'), who died at Mumbai on 19 th October, 2020. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

2.

The deceased left behind him surviving as his only heirs and next of kin the Petitioners according to Hindu Succession Act, 1956. 1/3

2 28-MPT-68-2025.doc 3.

The reason for which the Legal Heirship Certificate is required is set out in paragraph 9 of the Miscellaneous Petition. 4.

The Registry has duly verified the Petition. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief.

5.

I have heard the learned Counsel appearing on behalf of the Petitioners as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice. 6.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :- " A. This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the petitioners under the provision of Bombay Regulation VIII of 1827 certifying that the petitioners viz. ADITI ROHAN KADLAY, widow and AKSHAY ROHAN KADLAY. son are the only surviving Class-I legal heirs and Legal representatives of the deceased viz. ROHAN SHANKAR KADLAY alias KADLAY ROHAN SHANKAR alias ROHAN S. KADLAY."

7.

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.

2/3

3 28-MPT-68-2025.doc 8.

The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.) 3/3